Commissioner demands sensitivity from landlords
While cleared of contravening agricultural holdings legislation, a report into the behaviour of agents working for one of Scotland’s largest agricultural landlords indicated that best practice codes had not always been followed – and that more sensitivity should have been evident during some negotiations.
Issuing the report, Tenant Farming Commissioner Bob Mcintosh said that he had been asked by Buccleuch Estates to look into their conduct following concerns raised at a public meeting regarding a number of terminations of tenancy arrangements.
Mcintosh said that he had reviewed five cases and although they had been conducted in accordance with the legislation, “valuable learning points” relevant to all landlords had been raised over the ending of non-secure tenancies.
He said that when entering into such arrangements, and throughout the duration of an agreement, it was important that both parties were clear on expectations and aspirations – and that outcomes were recorded to avoid misunderstandings of what had been agreed.
“Landowners must be able to pursue legitimate
business interests but should heed the principles set out in such publications as the Scottish Government’s land rights and responsibilities statement, the landowners’ commitment published by Scottish Land and Estates and the Scottish Government’s guidance on engaging communities on decisions relating to land,” said Mcintosh.
John Glen, chief executive of Buccleuch, said that he accepted that some of the negotiations could have been handled more sensitively and regretted any stress suffered, adding it was not the estate’s intention to cause anxiety.
“We are pleased and relieved to see that the commissioner did not conclude we had bullied tenants during negotiations nor found evidence to substantiate such an allegation,” he added.
He also pointed out that while some elements of the most recent code of practice might not have been adhered to, it had not been issued at the time of discussions: “I would like to make clear that had the guidance existed, our approach in these two cases would have been different. We note the commissioner’s comments on these points and would like to make it clear that it is our intent at all times to act within the letter and spirit of codes of practice.”
NFU Scotland’s policy manager, Gemma Cooper, said the findings backed up recent recommendations that the development programmes of firms working in the arena should include training in interpersonal skills.
While he granted Bucclceuch credit for requesting the review, Christopher Nicholson, chairman of the Scottish Tenant Farmer Association, said the report had been a valuable exercise in providing a clear example of the need for the cultural changes sought by the Scottish Land Commission.
David Johnstone, chairman of Scottish Land & Estates, said all in the tenanted sector had worked hard to develop the current codes of practice.
He added: “It is important that all involved – landlords, tenants and their agents – should strive to adhere to the spirit and letter of these codes.”